Wednesday, July 6, 2011

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Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?

If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?

I had posted before. They don't know exactly when they are going to send out the case. They may have told you they sent it and then you go and they actually send it later and you were not in usa when uscis received it.

package gets returned due to missing signatures, initial evidence, etc. and they need you to be here to file it again.

Leaving after August 17th if you have a valid h or L visa you are safe even without the receipt notices.

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akred

04-07 12:22 PM

Will 115k enough by seeing 133k applications in one day? If 115k is reached we will ask unlimited. So there should be some system to see whether those115k H1b is used properly. Employers should not wait till october and they should get people when they require. If most of the H1b quota is used by bodyshoppers where will top US companies get?

One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.

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nojoke

12-27 06:24 AM

Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here? There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles. So, its going to take time for this infrastructure to go away.

The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.

If pakistan is innocent, how about handing over dawood ibrahim? or a few other terrorist to India. If not to India, why not hand them over to international court? If they don't want to do this, then it is logical for us to conclude that the pak government is involved

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unitednations

03-26 04:45 PM

UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?

The issues of straight 485 denials have been going on for some time. It is a training issue/money making issue (ie., motion to roepen fees).

Recently; I haven't seen USCIS denying 485's based on company revoking 140; they are sending request for evidence.

Every person 485 that was denied inappropriately who was eligible for ac21 all eventually had their cases reopened. Problem is if you are outside the country when it happens and you have to use AP to come back in or are renewing your ead or in process of renewing EAD then that is when things become tricky and the anxiety starts.

Once again; every person I know had their cases reopened; they just had some bumps on the road waiting for it to be reopened.

Make no mistake about it, IEEE-USA is not for any meaningful reform. They say that they support green card reform but actually they don’t. Otherwise they would have included some green card provisions in this bill, at least 485 filing provision. They make it look like they support green card reform because they do not want themselves to be looked upon as anti-immigrants. But that is who they are.

Just as an example: Ron Hira says that H1s drive down wages when they come and work here. If we go back, Ron Hira says H1s promote outsourcing. If we stay here, Ron Hira says we take jobs of people here. So no matter what we do, the bottom line is, IEEE-USA has a problem with people on H1. They have a problem with our existence, not just here, but anywhere. Why? Because they don't like competition from us. And here is another fact, guys lobbying for this bill are actually racist and they just warp their objective around the economic argument. Again, IEEE went out of its way to get extra H1Bs for US-educated students. That alone wipes out your arguments because these H1Bs are for foreigners and these people sure will increase competition for people born here. IEEE is not only for meaningful reform, they have the power to do what they want.

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javadeveloper

08-02 12:35 PM

245k and 245i are two different things.

245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.

Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.

Hi, I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience. and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working. We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it, citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP. Did anyone face similar situation .Any suggestions are welcome.

What made them to ask paystub for during 2000 and 2001?

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apt29

07-29 03:36 PM

I regret the day when Obama became the president, he is just another politician who does not give a damn about EB2,EB3....he is just worried about "re-uniting families" (aka supporter of illegal immigration)

I am no supporter of either party. To be fair, the economy could have collapsed without him and most of us could have been back home by now.

That's called pandering. To unions like IEEE and hispanic vote base. These ppl don't have any interest in America's competitiveness or interests of people at large rather work in the interests of their party and their re-election.

But I am suprised at the attitudes of some forums members who want to screw the ppl behind us. Anyway I agree, we should be worried about delays to i-485 processing if 11 million ppl are added to USCIS queue.

I know where Senator Durbin stands on illegal immigration issue , he is totally for amnesty/legalization of illegal/undocumented people in the country. According to him its ok if someone is totally undocumented and stays here but its not ok if someone does consulting and documented and pays taxes while working and waiting for the green card to be approved. Isn't it height of hypocrosy?

Where do people like mbdriver and senthil stand on the issue of legalization/amnesty for illegal/undocumented people in the country? If the legalization were to happen these are the kind of people who complain saying illegal aliens have slowed down our green card petetions. If legalization were to happen processing of every petetion at USCIS will slow down considerably. I will not surprised if 485 takes 4.85 years or 48.5 years or 485 years ...:)

Which one is a bigger problem 12 to 15 million people totally undocumented or perceived misuse of visa petetions by few bad apples.

Provocative Ghauri was the title of an editorial that appeared on this page earlier this month. Pakistan has named its missiles Ghauri and Ghaznavi with the specific intention of taunting India. These worthies' claims to fame and glorification, in the perception of the Pakistanis, lies in the fact that they were credited with plundering and devastating north-western India time and time again in the eleventh and twelfth centuries.

In their enthusiasm to score brownie points, the Pakistanis have got mixed up on chronology, they have produced Ghauri before Ghaznavi. Also, they have perversely sought to commemorate these Afghan rulers of Turkish descent in utter disregard of the fact that most of the territories they plundered are their own - the North West Frontier Province, the Punjab and Sind. The men and women they tortured, enslaved, ravished and put to the sword were their own forebears.

If Pakistanis wish to revel in the inglorious misdeeds of foreigners perpetrated on their own soil and on their own ancestors, they are welcome to twirl their moustaches in euphoria and say: " Where ignorance is bliss, it is folly to he wise."

Indians may look forward to future generations of Pakistani IRBMs and similar sophisticated weaponry named after the likes of Changez Khan, Nadir Shah and Ahmad Shah Abdali. Alexander the Great and Harshavardhan also have strong claims, but they might be disqualified for obvious reasons.

In the course of his many abortive forays into India, Mohammad Ghori is said to have been captured once by the forces of Delhi. But Prithviraj Chauhan, king of Delhi, magnanimously let him off. Legend has it - and it is widely believed in India - that when Ghori eventually succeeded in defeating Prithviraj Chauhan at the Second Battle of Tarain in 1192, he blinded him and took him in chains to Afghanistan along with his friend, the poet Chandravardai.

Ghori held a grand durbar to celebrate his victory. His prize catch, the king of Delhi, blind and a prisoner, was paraded and publicly humiliated. Deeply incensed by the treatment meted out to his monarch, Chandravardai took refuge to a subterfuge. He announced that though completely blind, Prithviraj could still hit a target guided solely by sound, and he asked for permission for this feat to be performed.

Prithviraj Chauhan was handed a bow and arrow, and Chandravardai sang a now-famous verse which told him of the elevation and distance to Ghori's throne. And thus, guided solely by sound, Prithviraj shot his arrow through Ghori.

The legend may not be entirely true, but it would be absolutely accurate to say that even after eight centuries have elapsed, Prithviraj is regularly subjected to indignity in the land where he was taken as a captive. I have seen it at first hand.

Many years ago, while travelling by jeep from Kandahar to Kabul, I had to make a night halt en route at Ghazni. At the hotel, I learned that there was a grand mausoleum over the tomb of Sultan Mahmud Ghaznavi near the town, and I determined to see it. A few extra Afghanis (the local currency) helped my driver to comprehend the necessity of making a small detour the next morning.

The mausoleum was indeed grand -judging by local standards - with a high, arched doorway like the Buland Darwaza. lie tomb proper was in a cellar about four or five feet be low ground-level. It intrigued me considerably to note that there were no steps leading down into the tomb. Instead, a metal chain hung from the ceiling of the cellar. I was told that I would have to hold the chain and jump down.

I asked for the reason for this peculiar method of entry. The caretaker was evasive at first. But after much persuasion, he disclosed that there was another tomb at the exact spot where you jumped down. There, the infidel king of Delhi, Prithviraj Chauhan, lay buried.

================================================== ===================== Might I add, that the very Islam these Pakis seem to be proud of, was forced down upon them. Most of these are descendents of forced converts to Islam!

EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.

Consultants need to be curtailed.

I think the universities are out of control and need to be fixed too. All these people with MS and PHd's enroll in their courses with the full intention of staying on after completing their courses.

We should ask that the DOS start randomly denying F1 applications based on a ratio that is calculated by reviewing immigrant applications for the past 5 years.

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kartikiran

06-23 05:34 PM

vivid_bharti, living in your own space is a pleasure only if we know we are allowed to stay here permanently. As long as we all wait for our green cards, it is never a pleasure. We will be concerned about what happens to our job, related to it with our H1, 485 etc. It is never a pleasure as long as we wait for green cards. Rent or Buy, does not matter.

Just my two cents. If you found this message useful, please join your respective state chapters, if you still have not.

Even a tiny ant understands grassroots level approach when it builds the mass by joining each other while looking for food. Meanwhile, we are not able to join hands to get our problems resolved. IV Core is willing to provide directions, but we need to trust each other and first join hands locally to make a nationwide dent.

I'm surprised nobody is even considering the other aspect i.e. the pleasure to live in your own house. We people are living in US in a small sized appt. while we bought houses in India, which is on rent. You will never know the pleasure of living in your own space...

It does not matter whether Obama or Mcain wins. In my opinion there will be no immigration reform bills next year, as neither of the parties will have a overwhelming mandate/majority in Congress. The current economic chaos will make it even more difficult to do anything for immigrants. Republicans will never let comprehensive immigration bill pass and Democrats will never let any immigration reform pass without including the illegals.

People need to plan their lives according to this truth and hang on to their jobs as best as they can.

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chintu25

08-28 09:42 AM

Two immigrants have just arrived in the United States and one says to the other, I hear that the people of this country actually eat dogs.�

�That�s odd,� her companion replies, �but if we are going to live in America, we might as well do as the Americans do.�

Nodding emphatically, one of the immigrants points to a hot dog vendor, and they both walk toward the cart. �Two dogs, please,� she says.

The vendor is only too pleased to oblige, wraps both hot dogs in foil and hands them over the counter. Excited, the companions hurry to a bench and begin to unwrap their �dogs.�

One of them opens the foil and begins to blush. Staring at it for a moment, she turns to her friend and whispers cautiously, �What part did you get?�

;)

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Macaca

12-27 06:16 PM

Of luxury cars and lowly tractors (http://www.thehindu.com/opinion/columns/sainath/article995828.ece) By P. SAINATH | The Hindu

When businessmen from Aurangabad in the backward Marathwada region bought 150 Mercedes Benz luxury cars worth Rs. 65 crore at one go in October, it grabbed media attention. The top public sector bank, State Bank of India, offered the buyers loans of over Rs. 40 crore. �This,� says Devidas Tulzapurkar, president of the Aurangabad district bank employees association, �at an interest rate of 7 per cent.� A top SBI official said the bank was �proud to be part of this deal,� and would �continue to scout for similar deals in the future.�

The value of the Mercedes deal equals the annual income of tens of thousands of rural Marathwada households. And countless farmers in Maharashtra struggle to get any loans from formal sources of credit. It took roughly a decade and tens of thousands of suicides before Indian farmers got loans at 7 per cent interest � many, in theory only. Prior to 2005, those who got any bank loans at all shelled out between 9 and 12 per cent. Several were forced to take non-agricultural loans at even higher rates of interest. Buy a Mercedes, pay 7 per cent interest. Buy a tractor, pay 12 per cent. The hallowed micro-finance institutions (MFIs) do worse. There, it's smaller sums at interest rates of between 24 and 36 per cent or higher.

Starved of credit, peasants turned to moneylenders and other informal sources. Within 10 years from 1991, the number of Indian farm households in debt almost doubled from 26 per cent to 48.6 per cent. A crazy underestimate but an official number. Many policy-driven disasters hit farmers at the same time. Exploding input costs in the name of �market-based prices.' Crashing prices for their commercial crops, often rigged by powerful traders and corporations. Slashing of investment in agriculture. A credit squeeze as banks moved away from farm loans to fuelling upper middle class lifestyles. Within the many factors driving over two lakh farmers to suicide in 13 years, indebtedness and the credit squeeze rank high. (And MFIs are now among the squeezers).

What remained of farm credit was hijacked. A devastating piece in The Hindu (Aug. 13) showed us how. Almost half the total �agricultural credit� in the State of Maharashtra in 2008 was disbursed not by rural banks but by urban and metro branches. Over 42 per cent of it in just Mumbai � stomping ground of large corporations rather than of small farmers.

Even as the media celebrate our greatest car deal ever as a sign of �rural resurgence,� the subject of many media stories, comes the latest data of the National Crime Records Bureau. These show a sharp increase in farm suicides in 2009 with at least 17,368 farmers killing themselves in the year of �rural resurgence.� That's over 7 per cent higher than in 2008 and the worst numbers since 2004. This brings the total farm suicides since 1997 to 216,500. While all suicides have multiple causes, their strong concentration within regions and among cash crop farmers is an alarming and dismal trend.

The NCRB, a wing of the Union Home Ministry, has been tracking farm suicide data since 1995. However, researchers mostly use their data from 1997 onwards. This is because the 1995 and 1996 data are incomplete. The system was new in 1995 and some big States such as Tamil Nadu and Rajasthan sent in no numbers at all that year. (In 2009, the two together saw over 1,900 farm suicides). By 1997, all States were reporting and the data are more complete.

The NCRB data end at 2009 for now. But we can assume that 2010 has seen at least 16,000 farmers' suicides. (After all, the yearly average for the last six years is 17,104). Add this 16,000 to the total 2,16,500. Also add the incomplete 1995 and 1996 numbers � that is 24,449 suicides. This brings the 1995-2010 total to 2,56,949. Reflect on this figure a moment.

It means over a quarter of a million Indian farmers have committed suicide since 1995. It means the largest wave of recorded suicides in human history has occurred in this country in the past 16 years. It means one-and-a-half million human beings, family members of those killing themselves, have been tormented by the tragedy. While millions more face the very problems that drove so many to suicide. It means farmers in thousands of villages have seen their neighbours take this incredibly sad way out. A way out that more and more will consider as despair grows and policies don't change. It means the heartlessness of the Indian elite is impossible to imagine, leave alone measure.

Note that these numbers are gross underestimates to begin with. Several large groups of farmers are mostly excluded from local counts. Women, for instance. Social and other prejudice means that, most times, a woman farmer killing herself is counted as suicide � not as a farmer's suicide. Because the land is rarely in a woman's name.

Then there is the plain fraud that some governments resort to. Maharashtra being the classic example. The government here has lied so many times that it contradicts itself thrice within a week. In May this year, for instance, three �official' estimates of farm suicides in the worst-hit Vidarbha region varied by 5,500 per cent. The lowest count being just six in four months (See �How to be an eligible suicide,� The Hindu, May 13, 2010).

The NCRB figure for Maharashtra as a whole in 2009 is 2,872 farmers' suicides. So it remains the worst State for farm suicides for the tenth year running. The �decline' of 930 that this figure represents would be joyous if true. But no State has worked harder to falsify reality. For 13 years, the State has seen a nearly unrelenting rise. Suddenly, there's a drop of 436 and 930 in 2008 and 2009. How? For almost four years now, committees have functioned in Vidarbha's crisis districts to dismiss most suicides as �non-genuine.' What is truly frightening is the Maharashtra government's notion that fixing the numbers fixes the problem.

Yet that problem is mounting. Perhaps the State most comparable to Maharashtra in terms of population is West Bengal. Though its population is less by a few million, it has more farmers. Both States have data for 15 years since 1995. Their farm suicide annual averages in three-five year periods starting then are revealing. Maharashtra's annual average goes up in each period. From 1,963 in the five years ending with 1999 to 3,647 by 2004. And scaling 3,858 by 2009. West Bengal's yearly average registers a gradual drop in each five-year period. From 1,454 in 1999 to 1,200 in 2004 to 1,014 by 2009. While it has more farmers, its farm suicide average for the past five years is less than a third of Maharashtra's. The latter's yearly average has almost doubled since 1999.

The share of the Big 5 �suicide belt' States � Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh and Chhattisgarh � remains close to two-thirds of all farm suicides. Sadly 18 of 28 States reported higher farm suicide numbers in 2009. In some the rise was negligible. In others, not. Tamil Nadu showed the biggest increase of all States, going from 512 in 2008 to 1060 in 2009. Karnataka clocked in second with a rise of 545. And Andhra Pradesh saw the third biggest rise � 309 more than in 2008. A few though did see a decline of some consequence in their farm suicide annual average figures for the last six years. Three � Karnataka, Kerala and West Bengal � saw their yearly average fall by over 350 in 2004-09 compared to the earlier seven years.

Things will get worse if existing policies on agriculture don't change. Even States that have managed some decline across 13 years will be battered. Kerala, for instance, saw an annual average of 1,371 farm suicides between 1997 and 2003. From 2004-09, its annual average was 1016 � a drop of 355. Yet Kerala will suffer greatly in the near future. Its economy is the most globalised of any State. Most crops are cash crops. Any volatility in the global prices of coffee, pepper, tea, vanilla, cardamom or rubber will affect the State. Those prices are also hugely controlled at the global level by a few corporations.

Already bludgeoned by the South Asian Free Trade Agreement (SAFTA), Kerala now has to contend with the one we've gotten into with ASEAN. And an FTA with the European Union is also in the offing. Kerala will pay the price. Even prior to 2004, the dumping of the so-called �Sri Lankan pepper� (mostly pepper from other countries brought in through Sri Lanka) ravaged the State. Now, we've created institutional frameworks for such dumping. Economist Professor K. Nagaraj, author of the biggest study of farm suicides in India, says: �The latest data show us that the agrarian crisis has not relented, not gone away.� The policies driving it have also not gone away.

gc4me

08-06 10:38 AM

Very well said obviously! But whatever we think about Mrs. Rolling Flood, she already got her lone fan SunnySurya who PMed her his/her phone number. :rolleyes: Sure they will have good time in coming weekend. We are here guessing whether RF and SS are girl-girl or guy-girl or guy-guy?:confused:

Rolling_Flood, If you are willing to take action, I am with you. Don't worry about what other people are saying, it does not matter. A man got to do what he got to do. Let us start with taking some legal opinions. I am willing to share the cost. I also beleive (and firmly so) that the PD porting among categories should not be allowed. I am sending you my phone number in PM. Call me when you are ready and we can discuss more. Alternatively, give me your phone number as I definitly want to follow through. Thanks Sunny

started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...

obviously, a spoilt child crying sour grapes... the admins did not sweep anything under the carpet... they let this thread grow to 13 pages! obviously, you are someone that is unhappy with a lot of things. stop hurting yourself. you might invite a myocardial infraction given the rate at which you seem to be stressing out... there is no EB3 (majority) vs. EB3 (minority) issue... stop raking up more BS... enough is enough... someone has to have the b*lls to tell you that the world is bigger than you and your inflated sense of self worth and entitlement...got it?

i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB... go ahead, do post that... scared to do that? :)... obviously you are!!!! Ha! Ha! Ha!

PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead. Seriously, I call that social service.

While I am at it, I can also contact special interest groups from the ACLU to Gay/Lesbian Groups to Veteran Groups to find out why their members dont get the kind of protected 'lines' that EB2's such as you have! After all, if EB2 is such a protected category, why not have other protections for other groups that need such protections? We can go ahead and divide the world into pieces as small as our mind... :D

My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...

While you are ranting and raving, dont forget to get back to basics... and read my earlier threads educating you on the basics of EB immigration and why the current interfiling / porting is a valid practice...

Go ahead, rant, rave... enjoy your stress... :D

BTW: I have more qualifications and success than people have letters in their long names :)... so, I know a little bit about success :D... and I didnt get it by throwing others under the bus... !

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08-22 02:59 PM

A university committee was selecting a new dean. They had narrowed the candidates down to a mathematician, an economist and a lawyer.

Each was asked this question during their interview: "How much is two plus two?"

The mathematician answered immediately, "Four."

The economist thought for several minutes and finally answered, "Four, plus or minus one."

Finally the lawyer stood up, peered around the room and motioned silently for the committee members to gather close to him. In a hushed, conspiratorial tone, he replied, "How much do you want it to be?"